Mohammad Rauf Khan vs Police Department
2021 Latest Caselaw 6346 MP

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        THE HIGH COURT OF MADHYA PRADESH
                   BENCH AT INDORE
       (S.B.: HON'BLE Mr. JUSTICE VIVEK RUSIA)

                      Writ Petition No.14108/2020

         Mohhamad Rauf Khan S/o Mohommad Quadar Khan,
         Age-49 years, Occupation- Police Officer,
         Address- 56, Jawra Road, Bohre ki Chal, Ratlam
         District-Ratlam (M.P.)
                                                    ---- Petitioner
                             Versus
         State of M.P. through Principal Secretary
         Police Department,
         Vallabh Bhawan, Bhopal (M.P)

         Assistant Inspector General of Police (Karmik),
         Through- Inspector General of Police,
         Police Headquarter, Bhopal (M.P.)
         District- Bhopal (M.P.)

          Director General of Police, Police Headquarter
          District- Bhopal (M.P)                           ----Respondents
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     For Petitioner (s)               :       Mr. Anil Ojha,
     For Respondent (s)               :       Ms. Archana Kher, Dy.A.G.
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                                     ORDER

Indore: Date: 04.10.2021

The petitioner has filed the present petition being aggrieved by the order dated 17.09.2020 passed by respondent no.2 whereby he has been transferred from Narcotics Cell, Neemuch to C.I.D. Headquarters Bhopal.

(2). The petitioner is working as Sub-Inspector, in the police department. The petitioner has assailed the validity of the transfer order on the ground of victimization due to frequent transfers within a short period. Accordingly to him vide order dated 17.01.2019 he was transferred from the police station- Khachrod to Narcotics Wing headquarter Indore, and thereafter, he was posted at Neemuch Cell. He has not completed the normal tenure of posting i.e. three years. During this short period, he has got success in the registration of 17

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criminal cases and seizure of 80 quintals of poppy straw valued at Rs.1,16,02,000/- and arrested 15 accused persons. He has also registered 12 cases involving the seizure of 26 kg 900 grams of opium valued at Rs.53,80,000/- and the arrest of 19 accused persons. Likewise, he has recovered 20 grams of smack worth rupees two crores and arrested two accused persons. Since the 2013 Narcotics Cell, Neemuch could not register the total number of NDPS cases which he alone has registered in the year 2019 - 2020 therefore, there is no reason to transfer him from such a sensitive place to C.I.D. Police headquarters, Bhopal. It is further submitted that the petitioner is a permanent resident of Ratlam and his informer system is so strong at Neemuch and Mandsaur and due to which he has got success in registering 39 criminal cases during this short period. His work is being appreciated by local residents and the print media has given complete coverage by appreciating his work therefore, in the interest of justice also his transfer from the present place of posting is liable to be set aside.

(3). After notice to the respondents have filed the reply denying the averments made in the writ petition. According to the respondents, it is purely an administrative transfer. The petitioner is not the only police officer in the entire police department who has secured various awards. His services are liable to be utilized at police headquarters. It is further submitted that in his entire service tenure from the year 2011 to 2019 most of the time he remained posted nearby his home district Mandsaur. The first time he has been transferred from Neemush- Mandsour region to Bhopal therefore, no interference is called for hence, the writ petition is liable to be dismissed.

(4). Shri Ojha, learned counsel for the petitioner has submitted that vide order dated 24.09.2020 this Court has directed the parties to

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maintain status quo and despite that the petitioner has been attached from Neemuch to Indore HQ. the petitioner is the only police officer in the narcotic wing who got prestigious Rustam Award. (5). Ms. Archana Kher, learned Dy. A.G. for the respondent/State has argued that the Narcotics Wing has its head office at Indore and the police station of Narcotics is also at Indore. Vide order dated 17.01.2019 the Additional D.G.P. (Administration) has transferred the petitioner from Police Station Khacharod to Narcotics Cell Indore and thereafter, the Additional D.G.P. (Narcotics) has posted him in Narcotics Cell Neemuch. But his substantive post is at Indore headquarter. Therefore, there is no violation of the interim order passed by this Court.

I have heard the learned counsel for the parties and perused the record.

(6). The petitioner was transferred from Police Station, Khacharod to Indore on 17.01.2019. After one and a half years he has been transferred vide order dated 17.09.2020. This Court has stayed the order on 24.09.2020 and now more than a year has been passed hence in total, the petitioner has served two years and nine months at the present place of posting therefore, he has completed almost three years. Although it is not mandatory for govt. employees especially police personnel to remain posted at one place minimum of three years. As per the list of posting of the petitioner submitted by the Dy. A.G. since 2011 till today the applicant has remained posted either in Neemuch or in Mandsaur district. The petitioner has not transferred by way of punishment. The petitioner may have an excellent service record bet he is holding a transferable post and on the administrative ground, he is liable to be transferred at any place within the state of M.P. The scope of interference by the High Court in a writ petition filed under Article 226 of the Constitution of India is

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very limited. The Apex Court in case of State of U.P. and another V/s. Siya Ram and another reported in (2004) 7 SCC 405, has held that unless an order of transfer is shown to be an outcome of mala fide exercise or in violation of statutory provisions prohibiting any such transfer, the Courts or Tribunals normally cannot interfere with such orders as a matter of routine, as though they were appellate authorities substituting their own decision. The relevant extract from the judgment read as under :

"5. The High Court while exercising jurisdiction under Articles 226 and 227 of the Constitution of India had gone into the question as to whether the transfer was in the interest of public service. That would essentially require factual adjudication and invariably depend upon peculiar facts and circumstances of the case concerned. No government servant or employee of a public undertaking has any legal right to be posted forever at any one particular place or place of his choice since transfer of a particular employee appointed to the class or category of transferable posts from one place to other is not only an incident, but a condition of service, necessary too in public interest and efficiency in the public administration. Unless an order of transfer is shown to be an outcome of mala fide exercise or stated to be in violation of statutory provisions prohibiting any such transfer, the courts or the tribunals normally cannot interfere with such order as a matter of routine, as though they were the appellate authorities substituting their own decision for that of the employer/management, as against such orders passed in the interest of administrative exigencies of the service concerned. This position was highlighted by this Court in National Hydroelectric Power Corporation Ltd. v. Shri Bhagwan and Anr. (2001 (8) SCC 575)"

(7). In view of the above discussion I do not find any ground to interfere with the impugned transfer order of the petitioner, he be relived forthwith from the present place of posting to join the transfer place.

(8). Accordingly, the writ petition is dismissed. No order as to cost.

                                                                   ( VIVEK RUSIA )
                                                                      JUDGE
 Ajit



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SANAN serialNumber=7F0BEE2D78BD57DA058F3247 441C87E7E0817FB61F5E2ABCAEE63CAAA7B3 B9FF, cn=AJIT KAMALASANAN Date: 2021.10.07 14:58:54 +05'30'